IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100024531 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any). 

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in support of Operation Desert Shield/Desert Storm.

2.  The applicant states, in effect, that he believes it to be unjust not to correct his record since he served his duties and received his awards.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 29 June 1976.  On 11 April 1979, he was honorably discharged for the purpose of immediate reenlistment.  He reenlisted on 12 April 1979 and he continued to serve until his retirement on 30 June 1998.

3.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 July 1991.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and
31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

4.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period 13 February through 26 April 1991.

5.  On 30 June 1998, the applicant was honorably retired by reason of sufficient service for retirement.  He completed 22 years and 2 days of creditable active service.  

6.  His DD Form 214 issued at the time shows in:

	a.  item 12f (Foreign Service) the entry "0012  07  20" indicating he had 12 years, 7 months, and 20 days of foreign service during his period of service;

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Meritorious Service Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal; (7th Award)
* National Defense Service Medal]
* Noncommissioned Officer Professional Development Medal with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Driver and Mechanic Badge with Driver-W Bar

	c.  item 18 (Remarks) shows no deployments during this period of service.

7.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows from:

* 22 October 1976 through 3 May 1984 he served in Germany [1st tour] for 90 months
* 2 October 1985 through 1 October 1988 he served in Germany [2nd tour] for 36 months
* 1 October 1988 through 29 April 1993 he served in Germany [3rd tour] for 55 months

His overseas service in Germany, which includes his deployed service in Southwest Asia, is as follows:

* 1st tour			0005  00  22 (years, months, days)
* 2nd tour			0003  00  00
* 3rd tour			0004  06  28
* Total				0012  07  20

8.  As a related issue, a review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

10.  Army Regulation 600-80-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

11.  Army Regulation 600-80-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.

	c.  item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant participated in two campaigns in support of Operation Desert Shield/Desert Storm from 12 February to 26 April 1991.  Therefore, he is entitled to the Southwest Asia Service Medal with two bronze service stars and correction of his DD Form 214 to show this award.

2.  His service in Southwest Asia also qualifies him for award of the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  Based on his service in Southwest Asia there is no correction to be made to item 12f of his DD Form 214; however, correction is appropriate to item 18 of his DD Form 214 to show his deployed service.  Therefore, his DD Form 214 should be corrected accordingly.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding to item 13 of his DD Form 214 the:

* the Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910213 - 19910426."



      ___________X____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100024531



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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